Freedom of Press vs. Right to a Fair Trial (court determined whether the defendant's rt. to fair trial had been violated when the press wrote mass, persasive articles against him)
Decision: Defendant's right to fair trial was violated. Rt to freedom of press cannot be limited, though, so in circustances like this the court must either postpone the trial or move it to a different location.
5. Is peaceful picketing a protected right? Explain
Yes- 1st Amendment right to peaceful assembly
Unless on public property (Adderley v. Florida stated that states have a right to protect their property and therefore can stop protesters from using it for nondiscriminatory reasons like protection from damage)
1. Sheppard v. Maxwell
- Freedom of Press vs. Right to a Fair Trial (court determined whether the defendant's rt. to fair trial had been violated when the press wrote mass, persasive articles against him)
- Decision: Defendant's right to fair trial was violated. Rt to freedom of press cannot be limited, though, so in circustances like this the court must either postpone the trial or move it to a different location.
http://scholar.google.com/scholar_case?case=7078505068087048302&hl=en&as_sdt=2&as_vis=1&oi=scholarr2. Betts v. Brady
- 6-3 decision that there is no guarenteed right to counsel.
- Majority decision claimed that right to trial is "not always needed to grant a fair trial"
http://scholar.google.com/scholar_case?case=13129466388341049301&q=betts+v.+brady&hl=en&as_sdt=100000000002&as_vis=13. Gideon v. Wainwright
- Overturned Betts v. Brady
- Decided that under the 6th amendment, states are required to provide counsel in criminal cases when defendant is unable to
http://scholar.google.com/scholar_case?case=694784363938594707&q=gideon+v.+wainwright&hl=en&as_sdt=100000000002&as_vis=14. Powell v. Alabama
- 1932 (before Betts and Gideon)
- Decided that states must provide counsel upon request in capital punishment cases.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0287_0045_ZS.html5. Is peaceful picketing a protected right? Explain
http://spac.ucdavis.edu/forms/peaceful_protest.pdf
6. Eminent Domain:
- Definition: state's inherent power to seize private property with monetary compensation, but without consent
- Controversial
- Right has been affirmed in numerous SC cases (Hawaii Housing Authority v. Midkiff, Kelo v. City of New London, Berman v. Parker)
- Justified by Fifth Amendment's Taking or Just Compensation clause as long as land is being taken for public use and compensation is paid
http://www.expertlaw.com/library/real_estate/eminent_domain.html